A High Court of the Federal Capital Territory (FCT) has ordered the Economic and Financial Crimes Commission (EFCC) to pay N10 million in damages to former Minister of Power, Dr Olu Agunloye, after ruling that the anti-graft agency defamed him through a publication alleging he was being prosecuted for a $6 billion fraud.
Delivering judgment on Wednesday in Maitama, Justice Peter Kekemeke held that the EFCC’s publication on its official website and social media platforms falsely portrayed Agunloye as facing fraud charges, despite the court finding that no such allegation appeared in the criminal case against him.
Agunloye had approached the court through his lawyer, Adeola Adedipe (SAN), challenging a publication titled “EFCC arraigns Agunloye over $6 billion fraud.” He argued that the report damaged his reputation and amounted to libel.
Justice Kekemeke agreed, ruling that the former minister successfully established the legal ingredients of defamation. According to the judge, the publication was made in a permanent form, clearly identified the claimant, and was capable of lowering his reputation in the eyes of reasonable members of the public.
The court also noted that the EFCC’s sole witness, Assistant Commissioner of Police Umar Hussain Babangida, initially denied knowledge of the publication before later admitting it originated from the commission’s media department.
While reviewing the criminal charges pending against Agunloye before another FCT High Court in Apo, Justice Kekemeke said he found no reference to fraud. He described the EFCC’s headline as “sensational”, adding that the commission failed to prove the truth of the allegation or demonstrate that the publication fairly reflected the court proceedings.
The judge further observed that the EFCC, as an investigative agency rather than a news organisation, ought to have exercised greater caution. He held that the commission knew Agunloye was neither charged with nor being prosecuted for any fraud involving $6 billion, and concluded that the publication was made with malice.
Consequently, the court declared the publication on the EFCC’s official website and X account to be false and defamatory. Justice Kekemeke ordered the commission to retract the publication, issue a public apology on its website and in two national newspapers, and permanently restrained it from making similar defamatory publications against the former minister. The court also awarded N10 million in damages in Agunloye’s favour.
Reacting to the judgment, EFCC counsel Dr Wahab Shittu (SAN) said the commission would challenge the decision at the Court of Appeal. He argued that the suit was premature because Agunloye’s criminal trial is still pending before another High Court in the FCT.
